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Dual British - EU / EEA citizens can sponsor Non-EU / Non-EEA Family Members for a UK Residence Document under the EU/EEA law even after naturalising as British Citizens

September 6, 2018

In the last 2 years, just after the Brexit vote, there have been instances whereby the Home Office had cancelled the Residence Documents of a Non-EEA nationals because the EEA national Sponsor (on whom they were relying for their right to remain in the UK), had obtained British Citizenship and Non-EEA nationals were required to apply for the relevant leave to remain under the British Immigration Rules.

 

However, there has been a recent judgement from the Court of Justice for the European Union in the case of Toufik Lounes v Secretary of State for the Home Department and the Home Office has now implemented this judgement in the amendments to the Immigration (EEA) Regulations 2016 which came into force on 24 July 2018.

 

The effect of this amendment is that EEA nationals who have naturalised as British Citizens after exercising their EU treaty rights in the UK can continue to Sponsor their Family members under the EU law.

 

This amendment would, in particular, affect the following:

 

1. Spouses or Unmarried/Civil Partners of Dual British - EU Nationals 

- not requiring them to meet the Financial requirement, English language requirement, Accommodation requirement, etc.

 

2. Extended Family members of of Dual British - EU Nationals 

- can now be Sponsored to join the Dual British - EU Nationals in the UK

 

Disclaimer: 
The above article is merely the opinion of the author for informational purposes and shall not be relied upon as an advice. 


Every EEA National’s circumstances are different, hence, it is advisable that you consult a Qualified Immigration Lawyer before filing any EEA Applications.


Further, the information in this article is current and relevant as on the date of publishing, the UK Immigration rules are subject to change on a regular basis. Hence, it is advisable that you consult a Qualified Immigration Lawyer before filing any EEA Applications/British Naturalisation Applications.

 

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